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Stephen Mwiti v. Republic

(2017) JELR 95124 (CA)

Court of Appeal  •  Criminal Appeal 41 of 2016  •  10 Oct 2017  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

By this appeal the appellant Stephen Mwiti (Mwiti) challenges his conviction and sentence of death imposed on him by the High Court at Meru (Lesiit, J) for the murder on 5th October 2011 of Peter Gitonga (Peter) at Antombocio Location in Igembe South District within Meru County.

The evidence led by the prosecution, and which the learned Judge believed, was that on the material day at about 8pm, Peter got home and had supper with his wife of two years Pamela (PW4) before stepping out of the house. Moments later, she had him say “Pamela, I have been stabbed by Mwiti”. She took a torch and stepped out of the house. Flashing the torch, she saw Peter lying on the ground bleeding from the ribs and standing by was Mwiti, whom she knew well, holding a blood-dripping sword. At this she screamed and Mwiti ran away. Her screams attracted neighbours who came and Peter was taken by vehicle to Maua District Hospital where he was admitted. He once again addressed Pamela; “My wife…

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